HomeMy WebLinkAbout23-Public Works
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. File No. 15.30-~YO
CITY OF SAN BERN~INO - REQUEST FO COUNCIL ACTION
ROGER G. HARDGRAVE, Director
SUbject:
street Vacation and Protest Hearing
10:00 am and Resolution Ordering
Vacation: North/South Alley, West of
Waterman Avenue, between 27th Street
and Alexander Street
F'O
Dept:
Date:
Public Works {Engineering
November 13, 1990
SynopsiS of Previous Council action:
04-02-90 ___ Authorization to proceed was given, and Plan No. 8092 was approved.
06/26/90 ___ Environmental exemption filed and a finding of consistency with the
General Plan was made.
11/05/89 ___ Resolution of Intention No. 90-466 was adopted, which sets a
public hearing date of 12/03/90 for the proposed vacation of
of that certain North/South alley, West of Waterman Avenue, between
27th Street and Alexander Street, per attached Plan No. 8092.
Recommended motion:
01.
That the hearing be closed and the Findings of Fact as set forth in the Staff
Report from Roger G. Hardgrave, Director of Public Works/City Engineer as to
why that certain North/South alley, West of Waterman Avenue, between 27th
Street and Alexander Street, is no longer necessary for street purposes, be
adopted.
2.
Adopt Resolution.
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cc: Shauna Edwins, City Administrator
Andrew Green, Finance Director
James Penman, City Attorney
Contect person:
Anne DeBolt
Phone:
5328
Supporting dBtl BttIched:
Staff Report, Resolution, Map
Ward:
7
FUNDING REQUIREMENTS:
Amount:
Wages on W. O. 1266
Source: (Acct. No.)
001-302-53157
(Acct. DescriDtionl
Street Vacation
Finance: \. .J... \
,.--)
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OCil Notes:
11/13/90
Agenda Item No
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CITY OF SAN BERNAlDINO - REQUEST FA COUNCIL ACTION
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STAFF REPORT
staff received a request from Freddie Spellacy, of Spellacy and Associates, and one of
three adjoining owners, to vacate that certain North/South alley, West of Waterman
Avenue, between 27th Street and Alexander Street, in an effort to protect her tenants
from speeding cars, drug sales, trash dumping, and other unauthorized/illegal use of
the alley. Authorization was given on 04/02/90, to proceed with the proposed vacation
and Plan No. 8092 was approved.
utility companies and City departments were notified of the proposed vacation on
05/11/90, with a reply due by 06/11/90. No negative comments were received.
On 06/26/90, the alley was declared environmentally exempt, and a finding of
consistency with the General Plan was made.
On 11/05/90, Resolution of Intention No. 90-446 was adopted, reserving easements for
sewer and public utilities over the entire area of the vacation. That resolution sets
a public hearing date of 12/03/90. On 11/14/90, the Resolution of Intention was
published in a local newspaper, Notices were posted in the area proposed for vacation,
and all property owners adjacent to the proposed vacation were notified of said
hearing.
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There appears to be no further necessity for that certain North/South alley, West of
Waterman Avenue, between 27th street and Alexander Street, either for present or
future street purposes. Staff recommends the vacation on the basis of the following
Findings of Fact:
1. The above alley has been determined by the Department of Public Works to be of no
further necessity to the general public:
a) Declared environmentally exempt, and a finding of consistency with the. General
Plan was made.
2. All three of the adjoining property owners are in favor of the requested
proceedings and the required $750.00 fee has been paid.
3. All of the concerned City Departments and utility Companies were notified of the
proposal and all have had the opportunity to respond. Reservations of easements
for Sewer and Public utilities have been reserved over the entire area of the
proposed vacation, and the same have been provided for in the Resolution of
Intention. Trash bins in the alley will be removed.
No special requirements have been placed upon the proponents relative to the
proceedings which would require an inspection of the area prior to the adoption of the
Resolution Ordering Vacation. Therefore, we have attached the said Resolution Ordering
Vacation for your action.
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11/13/90
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION OF
THE NORTH/SOUTH ALLEY, WEST OF WATERMAN AVENUE, BETWEEN 27TH STREET AND
ALEXANDER AVENUE, IN THE CITY OF SAN BERNARDINO AND RESERVING AN EASEMENT
FOR SANITARY SEWER AND APPURTENANT FACILITIES AND PUBLIC UTILITY EASEMENTS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1:
The Mayor and Common Council of the City of San
Bernardino,
having heard the evidence offered in relation to the proposed
9 vacation of that North/South alley between Alexander Avenue and 27th
10 Street, West of Waterman Avenue, more particularly described in City
11 Resolution of Intention No. 90-446, hereby find from all of the evidence
12 submitted that such alley proposed to be vacated by said Resolution is
13 unnecessary for present or prospective street purposes.
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SECTION 2.
The Mayor and Common Council of said City do hereby
vacate that certain North/South alley, West of Waterman Avenue, between 27th
Street and Alexander Street, in San Bernardino,
California,
more
particularly described as follows:
'fhat certain North/South alley, as per plat recorded in
Book 46 of Maps, Page 68, in the office of the County
Recorder of the County of San Bernardino, described as
follows: . .
Beginning at the Northwest corner of Lot 2, Tract No.
3534, records of said County; thence South along the West
line of said Lot 2, a distance of 252.42; thence West
along the North. line of 27th Street, 45.00 feet in width,
a distance of 30.00 feet; thence North and parallel with
said West line of said Lot 2, a distance of 252.42 feet;
thence East along the South line of Alexander Avenue
(Pioneer Way), 60.00 feet in width, a distance of 30.00
feet to the Point of Beginning.
And is also described in said Resolution of Intention No. 90-446.
SECTION
3.
Nothing in this Resolution shall in any affect or
disturb any existing easements for public utility purposes belonging either
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ALLE\ VACATIO~~..~RTH/SOUTH ALLEY. WEST OF WATERMAN
STREET AND ALEXAIV STREET 0
AVENUE.
llhll'il:.l:.l'l
..0111
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to the City of San Bernardino or to any public utili:ty. There is hereby
specifically reserved for the City of San Bernardino. an easement in. over.
under and across the entire area of the proposed vacation for sanitary sewer
and all appurtenant facilities, and to use. maintain. repair. replace or
renew such facilities. There are also specifically reserved. easements for
General Telephone, Southern California Edison and SoCalGas to construct.
place, operate. inspect. maintain. repair. replace and remove such aerial
and underground telephone, telegraph and communication structures,
electrical transmission structures and gas lines respectively, as the
companies may from time to time require, consisting of poles, anchors,
wires, cables, conduits. manholes, markers, pipelines and necessary fixtures
and appurtenances.
SECTION 4.
The City Clerk of the City of San Bernardino shall
cause a certified copy of this resolution to be recorded in the office of
the County Recorder of the County of San Bernardino.
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Al,LEY VACATION: NORTH/SOUTH ALLEY,
STREET AND AiExOR STREET
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WEST OF wATERMAN AVENUE,
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BETwEEN
II
27TH
I IffiREBY CERTIFY that the foregoing resolution was duly adopted by
Mayor and Common Council of the City of San Bernardino at a
meeting thereof held on the
, 19_____, by the following vote, to-wit:
COUNCIL MEMBERS
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
AYES
NAYS
day
of
ABS.1AIN
City Clerk
The foregoing resolution is hereby approved this
, 1990.
Approved as to form
and legal content:
James F. Penman,
City Attorney
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"'j_ 1. ;..........
day of
W. R. Holcomb, Mayor
City of San Bernardino
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